What can I do if the Will cannot be found?

 

What can I do if the will cannot be found?

What can I do if the will cannot be found?

If the Will cannot be found, then a copy of the Will may be offered for probate. The Witnesses to the Will must testify in Court as to the contents. The presumption is that if the Will may not be located, it was destroyed by the Testator. Thus, there must be testimony about why the original of the Will may not be probated, and the diligent search that was made for the Will. For example, the decedent preserved a copy of the Will and accidentally threw away the original. Someone other than the decedent destroyed the Will. The Witnesses must testify even if there was a self-proving affidavit in the copy of the Will. If neither the original nor a copy of the Will may be found, then the property passes by intestacy.

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